Can i file i864 later and not send it with the application

[Owais 0]

Hi,

We have to wait for our cosponsor to fill up the i864 form and therefore we were wondering if we can file our rest of application(i131/i485/i693/iG325A/i131/i765) now and send the i864(Affidavit of support form) later like within a month. We don't wanna waste time because the process is lengthy and therefore we want to get started in there system. Any idea? Anybody who is sure about this or who has already done it?

Thanks and would really appreciate the feedback.

Owais

[Hugglebuggles 60]

Sending the I-864 separate from the rest of your petition is a pretty bad idea. The chances of the I-864 ending up in the same place as the rest of your documents is rather slim, especially considering AOS petitions get transferred and moved fairly often.

The only options I see are: a. wait for your cosponsors information, or b. send in the packet without it and wait for an RFE, which you will almost certainly get. It's up to you! Either way you will face a delay, that is unavoidable.

[Owais 0]

I forgot to mention that i am on F-1 Student VISA and already in US and my wife whoz U.S citizen is also in US. Does that help? We are not concerned about the RFE because we gonna send it eventually but the part that the documents not gonna reach at the same place where my other documents are or gonna be misplaced is a little scary.

[Anh map 2,098]

I forgot to mention that i am on F-1 Student VISA and already in US and my wife whoz U.S citizen is also in US. Does that help? We are not concerned about the RFE because we gonna send it eventually but the part that the documents not gonna reach at the same place where my other documents are or gonna be misplaced is a little scary.

When an RFE is issued the file processing stops. So your Adjustment of Status adjudication would be on hold until the I-864 (in this instance) is received. You would submit the requested documents along with the RFE notice, not just send them independently.

Edited April 1, 2010 by Anh map

[alex and astrid 38]

I would wait until you have all the documentation you need before filing for AOS. An RFE has the chance of slowing you down for an unknown length of time...I'd rather wait a week or so more to file than be held up by an RFE.